The California Department of Labor implements labor policy for employers and employees of nonprofit organizations. Relative to other organizations, nonprofits have the distinction of relying on the services of a volunteer workforce for at least part of the work that they do. This is because of the social and service-oriented nature of nonprofit work. For the most part, California labor laws apply to the employees of nonprofits but not necessarily to volunteers.
Volunteers vs. Employees
A nonprofit employee is a contracted worker. A volunteer offers her services freely to a nonprofit. A volunteer may or may not receive remuneration for her services, other than food and lodging. California's Labor Code does not provide for exemptions from the Minimum Wage Orders for nonprofit employees. However, this does not apply to volunteers involved in public, religious or humanitarian services. California's minimum hourly wage is $8 as of 2011.
Overtime
California's Labor Code covers nonprofit employees. Generally, nonexempt, nonprofit employees must be paid for any work performed beyond the mandatory 40-hour workweek. It also provides for very specific conditions for exempt employees who are not entitled to overtime pay. Certain Industrial Welfare Commission Wage Orders exempt nonprofit executive, administrative, professional and computer professional personnel from receiving overtime pay. California's overtime pay rate is no less than 1.5 times the regular rate of pay for all overtime hours worked. This must be paid no later than the payday for the next regular payroll period after an employee put in the overtime work.
Meal Period
Nonprofit employees are entitled to a meal period of no less than 30 minutes for a work period of more than five hours. If a regular work day consists of six hours, the employer and employee may establish a prior agreement to waive the employee meal period. California's Labor Code also allows for an on-duty meal period through a prior employer-employee agreement. An on-duty meal period is considered time worked and must be paid by the employer. That meal` period may also be established when the nature of the employee's work is such that relief from all duty is not possible, such as in the case of nonprofit security guards. When an employer fails to provide meal periods, he must pay the employee one hour of regular pay for each work day of a missed meal break.
California Labor Commission
The California Labor Commission's Division of Labor Standards Enforcement, or DLSE, handles wage claims, including employer compliance with minimum wage, overtime pay and meal period laws for nonprofit employees. It provides wage adjudication and dispute-resolution services for nonprofit employees and employers. Most nonprofit employees are eligible for Unemployment Insurance, or UI, benefits. However, the DLSE does not handle UI benefit claims or sexual harassment cases.
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